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Separation of Powers: When Statutes and Court Rules Conflict

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Separation of Powers: When Statutes and Court Rules Conflict HOUSE RESEARCH Short Subjects Judie Zollar March 2005 Separation of Powers: When Statutes and Court Rules Conflict What is meant by Both the United States and Minnesota Constitutions provide for the separation of “separation of powers of the legislative, executive, and judicial branches. The branches of powers” and what government are co-equal. If one branch takes action that infringes too greatly on does it require? another branch of government, the courts may rule this action unconstitutional because it violates the constitutional separation of powers. Article 3, section 1, of the Minnesota Constitution sets forth the separation of powers in this state and provides: The powers of government shall be divided into three distinct departments: legislative, executive, and judicial. No person or persons belonging to or constituting one of these departments shall exercise any of the powers properly belonging to either of the others except in the instances expressly provided in this constitution. Which branch of The Minnesota Constitution is silent on which branch of government has authority government has over the rules governing criminal proceedings, thereby leaving the matter to the authority over the courts for resolution. The Minnesota Supreme Court has determined that, when a rules governing particular function comes within its “inherent judicial power,” only the court may criminal govern that function. proceedings? Although the term “inherent judicial power” is often used without being defined, the court has stated the following about this power: Inherent judicial power governs that which is essential to the existence, dignity, and function of a court because it is a court. Its source is the constitutional separation of powers as expressed and implied in our constitution. Its scope is the practical necessity of ensuring the free and full exercise of the court’s vital function—the disposition of individual cases to deliver remedies for wrongs and “justice freely and without purchase; completely and without denial; promptly and without delay; conformable to the laws.” Applying this rule, the Minnesota Supreme Court has determined that it has inherent and ultimate power to determine procedural rules in judicial proceedings. If a rule is procedural, as opposed to substantive, it falls within the judiciary’s inherent judicial power. What happens if the If the legislature passes a law that conflicts with a court rule, the court will uphold legislature passes a that law if it is substantive. If, however, the law deals with procedural rules that law that conflicts apply in court proceedings, the court will find the statute unconstitutional on with a court rule? separation of powers grounds. In certain cases, however, the court may tolerate the legislature’s action in an area it views as procedural (i.e., judicial), provided the infringement on the judicial function is minimal. In these situations, the court may enforce the legislative action as a matter of comity (mutual respect for another branch of government). What makes a law The question of whether a law is procedural or substantive is often a difficult one procedural versus to resolve. The Minnesota Supreme Court has looked at several ways of substantive? distinguishing substantive laws from procedural ones and relied primarily on the following test: 1. Substantive laws define which acts are criminal and what the punishment is for violating them 2. Procedural laws regulate the steps by which the guilt or innocence of one who is accused of a crime is determined Another test used to distinguish between substantive and procedural laws, particularly outside the criminal law context, states that “substantive law is that part of the law which creates, defines, and regulates rights, as opposed to . remedial law, which prescribes method [sic] of enforcing the rights or obtaining redress for their invasion.” What types of The following statutes have been ruled unconstitutional due to a conflict with a statutes have been court rule: found to violate • A statute allowing a prosecutor to certify an offense as a petty separation of misdemeanor without the defendant’s consent powers? • A statute prescribing the order of final argument in criminal cases (although the court enforced the statute in the case before it as a matter of comity, while instructing courts to follow the Minnesota Rules of Criminal Procedures in future proceedings) • A statute on the assignment and removal of judges What types of The following statutes have been upheld as they impair the court’s function only statutes have been minimally and the court has been willing to enforce the statute based on comity: found to impair the • A statute determining venue when a crime is committed in a municipality court’s function located in more than one county only minimally and • Statutory rules of evidence deemed reasonable that do not conflict with the enforced based Minnesota Rules of Evidence upon comity? • Statutory interest rates for condemnation actions The Research Department of the Minnesota House of Representatives is a nonpartisan office providing legislative, legal, and information services to the entire House. House Research Department ⏐ 600 State Office Building ⏐ St. Paul, MN 55155 ⏐ 651-296-6753 ⏐ www.house.mn/hrd/hrd.htm .
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